DEPARTMENT OF THE NAVY. OFFICE OF THE SECRETARY JAN 3a NAVY PENTAGON WASHINGTON, D.C

DEPARTMENT OF THE NAVY

OFFICE OF THE SECRETARY

JAN 3

a

2006

1000 NAVY PENTAGON

WASHINGTON, D.C. 20350-1000

SECNAVINST 5090.8A ASN (I&E)

SECNAV INSTRUCTION 5090.8A From: Secretary of the Navy

Subj: POLICY FOR ENVIRONMENTAL PROTECTION, NATURAL RESOURCES, AND CULTURAL RESOURCES PROGRAMS

Ref: (a) DoD Directive 4715.1E, "Environment, Safety, and

Occupational Health (ESOH)," of 19 Mar

as

(NOTAL) (b) DoD Instruction 4715.5, "Management of

Environmental Compliance at Overseas Installations," of 22 Apr 96 (NOTAL) (c) DoD Instruction 4715.8, "Environmental

Remediation for DoD Activities Overseas," of 2 Feb 98 (NOTAL)

(d) DoD Instruction 4715.3, "Environmental

Conservation Program," of 3 May 1996 (NOTAL) (e) SECNAVINST 4000.35A, "Department of the Navy

Cultural Resources Programs" (NOTAL)

(f) SECNAVINST 11010.14A, "Department of the Navy Policy for Consultation with Federally

Recognized Indian Tribes" (NOTAL)

(g) SECNAVINST 5000.2C, "Implementation and

Operation of the Defense Acquisition System and the Joint Capabilities Integration and

Development System" (NOTAL)

1. Purpose. To re-issue policy and assign responsibilities

within the Department of Navy (DON), in accordance with

references (a) through (g), concerning environmental protection, natural resources, and cultural resources programs.

2. Cancellation. SECNAVINST 5090.8.

3. Scope. The policies and responsibilities assigned in this

instruction apply to the Office of the Secretary of the Navy and the Navy and Marine Corps operating forces and shore

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4. Background

a. In accordance with reference (a), the

u.s.

Armed Forces

must be well prepared for their national defense mission and at the same time must act in an environmentally responsible manner.

u.s.

military environmental programs contribute to protection of the global environment, support military readiness and global security, and provide leadership and expertise to international and domestic organizations and governments.

b. DON environmental policies and programs must be

effective, forward-looking programs that support naval

operational readiness, improve our environment, protect natural and cultural resources, encourage technological innovation, and serve as a positive link to partnership with allies, neighboring communities and interested citizens.

5. Policy. In support of the national defense mission and to

restore, protect, and enhance the quality of the environment for current and future generations, i t is DON policy to integrate environmental protection, natural resources, and cultural resources programs considerations into all DON operations and

activities, as appropriate. It is DON policy to:

a. Fully comply with all applicable Federal, State, and

local laws and regulations; applicable Executive Orders;

applicable environmental requirements issued in accordance with . references (a) through (g); and applicable international

agreements.

b. Achieve and maintain compliance through pollution

prevention measures wherever practicable.

c. Program and budget sufficient resources to support all

compliance.

d. Design and implement natural resource management plans

and programs that are built upon the principles of ecosystem management and support present and future military and civilian activities, in accordance with reference (d).

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e. Identify, protect, and preserve significant cultural,

artistic, and historic resources in the custody and care of the

DON, in accordance with references (d) and (e).

f. Maintain responsible and appropriate relationships with

Federally recognized Indian tribes per reference (f).

g. Reduce risks to human health, safety, and the

environment attributable to contamination from past DON

activities through cost-effective clean-up initiatives within the United States, its territories, and possessions in

accordance with applicable legal requirements.

h. Maintain, for fifty years, appropriate records of

hazardous waste disposal and records concerning clean-up sites where the remedy in place involves an institutional control, an engineering control, or both, in order to respond

authoritatively to future inquiries about these activities, to protect human health and safety and the environment, and to protect the interests of the United States.

i. Consistent with references (b) and (c) and other

applicable Department of Defense (DoD) directives, execute environmental compliance, restoration, and planning programs outside the United States, its territories, and possessions, in a manner that will preserve or enlarge access for current and future United States military activities.

j. Support international activities to encourage

environmental excellence on DON installations worldwide and the exchange of environmental management information between DON and military organizations in other nations.

k. Engage in and maintain professional and cooperative

relationships with foreign governments, U.S. State and Federal agencies, public interest groups, and other stakeholders on matters of mutual concern.

1. Encourage effective and practical public participation

in environmental decision-making that may affect public interests.

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m. Minimize possible negative impacts of projected actions

on the quality of life of local communities and on the

environment, without compromising defense mission requirements.

n. Ensure employees with environmental duties and

responsibilities are adequately trained, not only to comply with training requirements of applicable laws and regulations, but to the appropriate level to support excellent execution of their responsibilities.

6. Strategic Tools. Management systems for environmental

protection, natural resources, and cultural resources programs will be built and changed to meet the needs of the services and

the installations, commands and facilities in the DON. Those

systems should, however, include the use of certain basic strategic tools such as:

a. Goals and performance measures that reflect desired

outcomes.

b. Inspection, evaluation, and accountability measures.

c. Use of life-cycle cost analyses that include the costs

of environmental requirements in investment decision-making.

d. Recognition, through award programs and other

recognition devices, of exemplary achievements in support of DON environmental programs.

e. Systematic identification and use of innovative, cost

effective environmental technologies and process changes.

f. Early integration of environmental planning into

support, acquisition, and operational proposals and developments.

g. Internal corporate education about DON environmental

requirements, programs, values and goals.

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Environment) (ASN(I&E)) shall:

(1) Act as the principal advisor to the Secretary of the Navy on environmental and natural and cultural resources

matters.

(2) 'Exercise leadership and oversight of environmental protection, natural resources, and cultural resource programs and initiatives.

(3) Establish and issue policy guidance for specific issues arising in DON environmental programs.

(4) Act as principal representative of the DON to the Office of the Secretary of Defense, Congress, other Military Departments, other Federal agencies, tribal governments, military establishments of other nations and the public with respect to significant issues arising in DON environmental protection, natural resources, and cultural resource programs.

(5) Approve and sign regulatory and partnership agreements.

(6) Ensure the integration of environmental compliance, pollution prevention, and natural and cultural resources

management into all DON activities, including military operational planning.

(7) Participate in the approval of the Navy and Marine Corps programs (Program Objective Memorandum and Program Review) and budgets to ensure funds are made available to comply fully with all applicable laws, regulations, Executive Orders, and environmental requirements.

b. The Assistant Secretary of the Navy (Research,

Development, and Acquisition) (ASN(RD&A)) shall:

(1) Support research, development, test, and evaluation of technologies suitable for cost effective compliance with environmental requirements.

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(2) Ensure research, development, and acquisition programs are planned and executed to produce technologies and systems that sustain compliance with applicable environmental laws and regulations, to the maximum extent practicable, in accordance with reference (g).

(3) Bring to the attention of ASN(I&E) matters within ASN(RD&A) cognizance that involve significant issues or

controversies on environmental, natural or cultural resources protection.

c. The Chief of Naval Operations (CNO) and the Commandant

of the Marine Corps (CMC) shall:

(1) Act as the primary advisors to the operational fleet for environmental protection, natural resources, and cultural resources issues affecting military activities and budgets.

(2) Ensure the integration of environmental compliance, pollution prevention, and natural and cultural resources

management into all DON activities, including military operational planning.

(3) Plan, program, and budget for environmental

compliance, pollution prevention, conservation, restoration, and overseas and international environmental programs.

(4) Implement environmental management systems to ensure compliance with all applicable environmental, natural resources, and cultural resources laws and regulations and DoD and DON

environmental policies.

(S) Issue specific implementing guidance based on ASN(I&E) policies.

(6) Bring to the attention of ASN(I&E) matters that involve significant issues or controversies concerning

environmental, natural resources or cultural resources protection arising in Navy or Marine Corps activities.

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2006

(7) Inform DON personnel and the public about

exceptional achievements in environmental, natural resources, and cultural resources protection.

d. The General Counsel (GC) of the,Navy shall:

(1) Be responsible for providing legal advice, counsel, guidance and policy advice on environmental law matters arising

within the DON. The GC shall maintain a close working

relationship with the Judge Advocate General on environmental law issues, especially those involving operational and

international law issues.

(2) With support of the Judge Advocate General of the Navy, be responsible for providing the full range of

environmental law legal services to the Navy and Marine Corps. 8. Delegation of Authority. ASN(I&E), ASN(RD&A), CNO, CMC, and GC may delegate responsibilities assigned in this instruction, as appropriate.

Assistant Secretary of the Navy (Installations and Environment)

Distribution:

Electronic only, via Navy Directives Web site http://neds.daps.dla.mil/